ENSTAGE SOFTWARE PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2(1)(2), BANGALORE

O R D E R

Per Shri A.K. Garodia, Accountant Member

Page 2 of 3 of difference in these two amounts of Rs. 27,70,335/-. Thereafter he submitted that ld. CIT(A) has noted on page no. 6 of his order that the assessee has filed a reconciliation statement in which it is stated that some invoices of last year were taken in Form 26AS in the present year to the extent of Rs. 63,22,284/- and some invoices of the present year were not reflected in Form No. 26AS and it will reflect in the next year and because of these two reasons, there is net difference of Rs. 27,70,335/-. Thereafter it was pointed out that the reconciliation statement submitted by the assessee before the AO and ld. CIT(A) were not accepted by the authorities below on this basis that the invoices raised are not signed by the authorized signatories and some of the invoices don’t have an invoice number nor details of buyers order no, supplier’s reference number and dispatch document number. He submitted that on this basis, it cannot be said that an income has to be taxed twice in the preceding year when the assessee offered the same in the P&L account but it was not reported by the customer in the Form No. 26AS and in the present year again, when the customer has reported in Form No. 26AS but obviously it was not accounted by the assessee in the present year because it was already accounted for in the preceding year. At this juncture, this proposition was put forward by the bench that the matter may be restored back to the file of ld. CIT(A) for fresh decision with the direction that the assessee should establish with evidences that this amount of Rs. 63,22,284/- for which credit is appearing in Form 26AS but credit is not appearing in the P&L account of the present year was actually accounted by the assessee in the preceding year and the amount of Rs. 35,51,949/- for which there is no credit appearing in the present year in Form 26AS but credit is appearing in the books of the assessee and such credit in Form 26AS is appearing in the next year. If the assessee can establish these claims by filing cogent evidences, then such evidences cannot be rejected merely on this basis that the invoices are not signed by the authorized signatories and some of the invoices don’t have an invoice number nor details of buyers order no, supplier’s reference number and dispatch document number etc. because even if there is some shortcoming in the invoices, the amount cannot be taxed twice. The ld. CIT(A) should consider this aspect on the basis of evidences to be brought on record by the assessee and thereafter,

Page 3 of 3 he should decide the issue as per law by way of a speaking and reasoned order. Both sides agreed to this proposition. Hence, we order accordingly and restore the matter to CIT (A) for a fresh decision in the light of above discussion after providing adequate opportunity of being heard to both sides. Ground no. 2.1 is allowed for statistical purposes.